77AProcedure for order of sheriff under section 23A or 32A: Scotland

1

This section applies to an application to the sheriff for an order under section 23A or 32A.

2

Rules of court must make provision for the purposes of ensuring that an application to which this section applies is dealt with in private and must, in particular—

a

require the sheriff to determine an application in private,

b

secure that any hearing is to be held in private, and

c

ensure that notice of an application (or of any order being made) is not given to—

i

the person to whom the authorisation or notice which is the subject of the application or order relates, or

ii

such a person’s representatives.

3

The Court of Session’s power under section 32 of the Sheriff Courts (Scotland) Act 1971 to regulate and prescribe the procedure and practice to be followed in relation to an application to which this section applies is subject to, but is not otherwise constrained by, sections 23B and 32B and this section.

77BProcedure for order of district judge under section 23A or 32A: Northern Ireland

1

The Lord Chancellor may by order make further provision about the procedure and practice to be followed in relation to an application to a district judge (magistrates’ courts) in Northern Ireland for an order under section 23A or 32A.

2

Such an order may, in particular, provide—

a

for the manner in which, and time within which, an application may be made,

b

that the district judge (magistrates’ courts) is to determine an application—

i

in chambers,

ii

in the absence of the person to whom the authorisation or notice which is the subject of the application relates,

c

that any hearing is to be held in private,

d

that notice of an order given is not to be given to—

i

the person to whom the authorisation or notice which is the subject of the order relates, or

ii

such a person’s legal representatives.

3

An order of the Lord Chancellor under this section may not make provision which, if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Northern Ireland Assembly and would deal with a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998).

4

The power of the Magistrates’ Courts Rules Committee under Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to regulate and prescribe the procedure and practice to be followed in relation to an application to a district judge (magistrates’ courts) in Northern Ireland for an order under section 23A or 32A is subject to, but is not otherwise constrained by, sections 23B and 32B and any order made under this section.